Facebook, Inc. and the United States Department of Justice entered into a settlement agreement on October 19, 2021. The agreement relates to allegations that Facebook has discriminated against U.S. workers by preferring visa workers for certain jobs over qualified, available U.S. workers in the PERM labor certification process. If true, that practice is a clear…
Underlying Petitions That Support an I-485 Adjustment of Status Application Obtaining a green card in the United States is no easy task. The paperwork alone is voluminous and can be complicated without the help of a legal professional. Individuals who seek to adjust their immigration status to become lawful permanent residents (green card holders) must…
Below is a summary of the various scenarios that may impact the status of an H-1B holder if they experience employment termination as they move through the process of PERM labor certification, I-140 petition, and I-485 application. The 180-day rule comes into play only once the I-140 petition has been approved. It is important to…
This is one of a multi-blog series about degree requirements and equivalency in PERM Labor Certification. Additional PERM information is available on our website. PERM Overview A U.S. employer that wishes to sponsor a foreign national employee for a permanent position must usually establish that there are no qualified U.S. workers to fill the position….
The Specific Vocational Preparation (SVP) system plays a critical part in PERM Labor Certification and is the basis by which DOL may challenge an excessive job requirement by the employer in PERM Labor Certification filings. It is critical to gain a full understanding of the PERM certification in order to understand PERM Labor Certification filing. What…
If the employer has a drug and criminal background screening policy that they place in the PERM Labor Certification advertisement, they must also include this requirement in the PERM Labor Certification application form ETA 9089, BALCA ruled. If this is not done, the Certifying Officer (CO) will conclude that the foreign national is being offered…
Generally in response to a Department of Labor PERM Labor Certification audit, the employer must provide specific documents that show that the proper recruitment steps were followed. If certain supporting documentation is missing, the Certifying Officer (CO) may deny certification, unless the attorney can show that the recruitment steps were actually followed and not including the supporting…
If the newspaper advertisement being used for a PERM Labor Certification contains language that certain requirements are “preferred,” the certifying office (CO) officer will properly assume that “employer preferences are actually job requirements.” Unless these requirements are included in the PERM application, the CO will properly deny the application. An example of this issue is…
When the employer is unable to provide adequate documentation of its internet advertisement due to internal company error, the Certifying Officer (CO) can properly deny an application for Labor Certification. One such example is a PERM Labor Certification filed by Trans Atlantic Systems, Inc. (TAS). Background On July 16, 2007 TAS filed an Application for…
The PERM process exists to test the U.S. labor market for qualified U.S. workers that could fill a permanent position prospectively being offered to a foreign national. The purpose of PERM labor certification is to establish that the foreign national employee is the only individual with the necessary combination of education and experience for the…